Court of Protection Enforcement Proceedings

Trinity Court of Protection barrister, Margaret Sweeting was recently instructed on behalf of the Respondent in the matter of Re PW [2014]ALL ER (D) 19 Mar. The case involved a committal application and breach of Court order in the Court of Protection. The case demonstrates the increasing use of the Court of Protection’s powers regarding enforcement of Best Interests Orders.

The circumstances involved PW, a vulnerable adult under the protection of social services. PW was in an unsuitable relationship with M who had problems with alcohol abuse. M was in breach of a Court order regarding contact with PW. M, under the influence of alcohol, had repeatedly breached those Orders and the matter was dealt with by the Court by way of a committal application and a hearing held.

The Court of Protection decided that although there had been a serious breach of the Court order the suspended sentence would not be activated.  M had recognised the seriousness of her position and it was therefore appropriate to see whether M did in fact carry out what she had said to the Court that she would in fact do, namely, not have a relationship with PW. The Court of Protection ordered the case to be reported.

Margaret is a member of Trinity Chambers' FamilyRegulatory and Mental Health and Court of Protection practice groups.

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